VAGHELA JENUBHA JASMATSANG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Apurva Kapadia, learned advocate appearing for the petitioners and Mr. Tirthraj Pandya, learned Assistant Government Pleader appearing for respondent nos. 1 and 2 (State authorities).

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :-

(3.) In view of the aforesaid proposition laid down in the present case also, the lands of the petitioners are situated within Village Chekhla though an area is included within the limits of urban area for all purposes, it is basically a rural area where local body Gram Panchayat is functioning and as such, instead of Factor-1, Factor-2 is required to be made applicable and additional compensation is required to be paid to the petitioners. Hence, the petitioners have approached this Court for the purpose of seeking the said benefit of Factor-2 by making the prayers as mentioned above. The learned counsel appearing for the petitioners has basically insisted that the authorities should consider the case of the petitioners by applying Factor-2 for lands of the petitioners which have been acquired and sought consequential other reliefs.